Schools
When making a decision about schooling for a child, who does the law consider to be a parent?
The law regards you to be a parent if you are:
- the child's mother or father, or
- a person who exercises parental responsibility for the child, or
- a person recognised as a parent under Aboriginal tradition or Torres Strait Islander custom, or
- a person who has guardianship under child protection law or a court order.
When is it compulsory for my child to go to school?
If your child is between six and 15 they must attend school (unless your child has completed year 10). This is known as the compulsory school age phase.
Can I apply for an exemption for my child from the compulsory school age phase?
Yes, you can apply for an exemption for your child from compulsory attendance if you can satisfy the Department of Education and Training that:
- your child can't attend a state or non-state school
- it would be unreasonable in all the circumstances to make your child attend school.
You must apply to the Department of Education and Training on a special form and you will be asked to give all the relevant information that is reasonably needed for the Department to make a decision about your application. The Department can give you written notice asking for more information and if you do not respond to that in the time set then the application can be treated as having lapsed.
The decision by the Department must be provided to you as soon as practicable and must state:
- the day the exemption issued
- your child's name
- how long it will apply for if it is not indefinite
- any reasonable conditions that apply.
The Department can also issue a show cause notice if the grounds for the exemption no longer apply or if the conditions of the exemption have not been followed properly. Exemptions can be cancelled by the Department.
There are also some situations where the compulsory schooling requirements do not apply including where:
- it doesn't fit with a commonwealth law
- your child is registered for home education
- your child has been suspended or excluded from attending school (in certain situations there should be access to an educational program)
- your child is sick or suffering from an infectious disease or condition
- your child's enrolment application is pending
- you have made an arrangement for your child to become an apprentice or trainee under the Vocational Education Training and Employment Act 2000 (Qld).
You should approach a guidance officer, principal or your local Education Queensland District Office to discuss whether you can apply for an exemption for your child.
What is learning or earning compulsory participation phase?
The learning or earning compulsory participation phase means all young people must participate in education or training for another two years after they reach compulsory school age (16 years old) or finish year 10. The learning or earning phase includes your child participating in:
- an educational program provided by a state, non-state school or university
- a vocational course, apprenticeship, traineeship or employment skills development program.
This phase ends when your child:
- gains a Senior Certificate
- gains a particular vocational qualification (like a Certificate III or higher level)
- attends for two years after your child stops being of compulsory school age or
- your child turns 17 years.
Can my child be exempt from the compulsory participation phase?
You (or your child) can apply for a full or partial exemption for compulsory participation if you can satisfy the Department of Education and Training that your child:
- can't attend a state or non-state school
- it would be unreasonable in all the circumstances to make your child attend.
This application must say what period of time you want the exemption for. You must sign a consent form or if the child applies, they will not need your consent if they can show that this would be inappropriate, for example if the child is living independently without a parent or guardian.
The Department can give you (or your child) written notice asking for more information and if that is not responded to in the time set then the application can be treated as having lapsed.
The decision by the Department must be provided to you (or your child) as soon as practicable and must state:
- the day the exemption issued
- your child's name
- whether it is full or partial (if partial how your child is excused)
- whether it applies until the end of the compulsory participation phase or an earlier stated time
- any relevant and reasonable conditions that apply.
Your child may not have to comply with the compulsory participation phase if they:
- work in paid employment for a minimum of 25 hours per week, or
- have obtained an employment exemption under the Vocational Education and Employment Act 2000.
You should approach a guidance officer, principal or your local Education Queensland District Office to discuss whether your child is eligible for an exemption.
Do I have to make sure that my child attends school or participates in the learning or earning phase?
Yes, you must make sure that your child is enrolled and going to school and participates in the learning or earning phase. If you don't you can get in trouble unless you can show that you have a reasonable excuse. The penalties for this increase the more times you get in trouble.
A reasonable excuse could include:
- if you and the child's other parent have broken up and one parent thinks that the other parent is sending the child to school
- if you are not able to control your child's behaviour to make sure the child goes to school.
If someone working for the Department of Education and Training becomes aware that you haven't enrolled your child in school or are not sending your child to school then they can issue you with an information notice telling you about what you should be doing, can have a talk to you and eventually can issue you a warning notice. If you don't follow the warning notice you can face a fine and the penalties for this increase the more times you get in trouble.
If your child is regularly absent from going to school or participating in the learning or earning phase, when they should be and it is without reasonable and adequate excuse, this may result in Department of Communities (Child Safety Services) becoming involved. The Department of Communities (Child Safety Services) may investigate whether or not there are child protection issues but this will depend on your child's age and the particular circumstances.
Can a teacher discipline or punish my child at school?
While the child is at school the teacher stands in place of you and has authority over the child.
Teachers may punish students, however punishment must be reasonable, otherwise teachers may face criminal prosecution and civil liability (that is, an obligation that can be enforced by law). In Queensland government schools, corporal punishment (physical punishment eg by hitting) is not allowed. Private schools may have their own policies. You should contact the school principal or the organisation that controls the school (the schools governing body eg Catholic Education).
Can my child be suspended or excluded from school?
All state schools must have a school policy called a Responsible Behaviour Plan for Students. This outlines the school's policy on student conduct and what can happen if a student does not obey the code of conduct. You can receive a copy of this plan.
Principals in state schools have the authority to suspend your child from school but they must tell the child the reason for suspension. The principal will also need to speak with you or meet with you and discuss the reasons for your child's suspension. (The principal will not speak to you if your child is living independently from you).
If your child is suspended the school's principal must make arrangements for your child to continue with his or her education.
If your child is to be excluded from the state school you will also be notified and given an opportunity to discuss or appeal the decision. You should speak with the principal or Education Queensland or get legal advice.
If your child goes to a private school, the private school may set their own rules. You should contact the school principal or the organisation that controls the school (the schools governing body eg Catholic Education).
Does my child have a right to be safe at school?
Yes. The law of negligence says that certain people or organisations like schools have a duty to take reasonable care to avoid causing foreseeable harm to another person or their property. Schools must provide adequate supervision of your child during all school activities.
The law of negligence is extremely wide in how it applies. If you think you have a claim based in negligence you should get legal advice. Because strict time limits apply to negligence claims, you should get legal advice promptly.
Who can I complain to about my child's schooling?
If you have a complaint about your child's schooling you should first speak to the teacher, then the principal. If the issue is not resolved, a parent can approach the Department of Education and Training for state schools and the organisation or governing body responsible for private schools. If the complaint remains unresolved, you should get legal advice. The Queensland Civil and Administrative Tribunal (QCAT) can review decisions about prohibiting a person from entering a school's premises, extra semesters, exclusion of a student and removing a nominated person.
What is discrimination? Does the law protect my child from being discriminated against at school?
Discrimination happens when a person with a characteristic is treated or proposed to be treated less favourably than a person without that characteristic in the same or similar circumstances. Schools are bound by most aspects of anti-discrimination law. You should get legal advice.
How can my child get the right education if they have a disability?
The Queensland government through Education Queensland can assist you with information about programs and services available if your child has a disability.
Certain schools can offer special programs for children with hearing, vision, physical or multiple impairment, intellectual impairment or autistic or speech language impairment. The Education Adjustment Program, through the Department of Education and Training, can advise you on the schools that offer specialised programs which may suit your child's needs.
There is also a specialist unit to assist children with disabilities in the state schools. The Disability Services Support Unit (DSSU) is staffed by teachers, therapists and administration people. The aim of the Unit is to support students in their learning and to help them get the best education possible.
If your child has a disability contact the Department of Education and Training or the DSSU for further information and assistance.
All schools, including non-state schools must conform with the Disability Discrimination Standards (Education). For information on the facilities provided by a private school, contact the school direct or their governing body.
I want to see my child at school. Can I be told to leave or not come into the school grounds?
Yes, the school principal has control of school grounds and may exclude people, including parents from school grounds. A school may prohibit a person for 60 days from entering a school if they are posing a risk to other people or property of the school or are causing fear in others or disrupting the good order and management of the school. The school may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order prohibiting a person from entering the school for longer than 60 days up to a year.
Where there is a dispute between you and the other parent of a child, the school will usually want to see a court order before they will make any special arrangements for the child. You should get legal advice.
Universities
I have a grievance or complaint about my university. Who should I speak to?
Depending on the type of problem you have, you have various options. See your university's Student services to find out about your university's internal grievance procedure. If you feel that this process has not solved your problem then you should write to the office of higher education. You can complain to the Queensland State Ombudsman when all other avenues of complaint have been exhausted.
I don't like the mark I got in a piece of assessment, what should I do?
Your university will have a policy about this and Student Services may be able to help you with information about what you should do.
Generally, if you want to query your mark, you should first see your tutor or lecturer or the subject's unit coordinator.
If you don't like the result or your complaint has not been resolved, you should write a letter or make an appeal using the appropriate university form. Remember there could be time limits on lodging your appeal.
If the outcome of your appeal is not successful, you may be able to appeal that decision by going to the Head of School or the Dean of Faculty. Again time limits apply. Your Student Ombudsman is the last avenue of appeal. However, if you are unsure of the appeal process you should contact them first.
I have a library penalty or have concerns about my enrolment, who can I speak to?
Your university will have information about who you can speak to about penalties or enrolments. Generally, you should direct your concerns about library matters, to the library information desk. If you have a problem with your enrolment, speak with your university student centre. If in doubt, contact your university's Student Services for assistance and a referral.